Certified Legal Document Preparer Defense

Effective December 1, 2002, the Supreme Court of Arizona adopted a sweeping new definition of the practice of law. The definition is codified in Rule 31, Arizona Rules of the Supreme Court. With a few listed exceptions, only lawyers admitted to practice in Arizona are authorized to practice law within the State of Arizona. One of those exceptions is the Certified Legal Document Preparer.

The certification process is governed by the Arizona Code of Judicial Administration. To earn certification, the applicant, which may be an individual or a business, must meet rule-based qualifications, pass an examination, submit a comprehensive application and pay required fees. Once certified, the Certified Legal Document Preparer (CLDP) must adhere to a Code of Professional Conduct, earn continuing education hours and pay additional fees.

At any stage of the initial certification, or while in the business of preparing legal documents, issues may arise that result in possible denial of the certification—or discipline. Discipline sanctions may include suspension, revocation of certification and a $500.00 for each individual violation of code section (this can result in fines of thousands of dollars).

The lawyers at Adams & Clark have represented applicants seeking certification, and Certified Legal Document Preparers during investigation and formal hearings. Our experienced attorneys can give you the advantage in each stage of the process.

The rules regarding the certification and disciplinary process are unique to Arizona; you need an experienced attorney to assist you preparing your application, responding to investigations of complaints and defending you against charges and during any hearings that may arise.